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All Journal JURMA YUSTISI
Mufidatul Husna
Universitas Tazkia Bogor

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Assessing The Legal And Human Rights Validity Of Applying The Death Penalty For Serious Child Sex Offenders Saharuddin Daming; Mufidatul Husna; Chika Fadilah
JURNAL MAHASISWA YUSTISI Vol. 4 No. 1 (2026)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v4i1.2520

Abstract

The increase in the cases and severity of child molestation by predators has attracted public concern. Public to promote law enforcers to apply the death penalty for perpetrators of serious sexual crimes against children to create a deterrent effect. Unfortunately, this public aspiration was rejected by the Indonesian National Human Rights Commission and the Bandung district court on the grounds that the death penalty is contrary to human rights and violates the 1945 Constitution. This research uses an interdisciplinary legal method, combining doctrinal and sociolegal research. This study aims to examine the validity of the law as well as human rights principles and norms against the rejection and acceptance of the death penalty in Indonesia. The results showed that law enforcement and human rights instituted by the special courts for perpetrators of serious sexual crimes against children are not in line with the elements of legal validity and human rights.
Legitimacy Of Presidential Election Results Due To Court Decision Conflict Saharuddin Daming; Mufidatul Husna; Safira Adhwa Ibrani
JURNAL MAHASISWA YUSTISI Vol. 4 No. 1 (2026)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v4i1.2521

Abstract

This research aims to determine the legitimacy of the 2019 Presidential Election results in Indonesia in accordance with the Supreme Court’s decision Number 44 P/PHUM/2019 dated October 28, 2019, which annulled Article 3 Paragraph (7) of the General Elections Commission Regulation Number 5 of 2019 regarding the requirements for presidential and vice president candidacies. The Supreme Court's decision material contradicts law No.50/PUU-XII/2014 of the Constitutional Court, which is the basis for the publication of the General Elections Commission Regulation No. 5 of 2019. This contradicting law by the Constitutional and Supreme Courts is a challenge for Indonesia as a state because both have an equal footing to enforce justice due to conflicts associated with general elections. Unfortunately, the decisions of the two courts sometimes overlap in exercising their authority for Judicial Review. One of the problems that arise is whether the conflicting decisions of the Constitutional and Supreme Courts imply the legitimacy of the presidential election results. Another is determining the form of position and legal force in the interpretation of the Constitutional Court as the basis for the legitimacy of the Presidential Election results. However, the political reality and wisdom of Indonesian democratic constitutionalism show that the conflicting decisions of the Constitutional and Supreme Courts do not imply the legitimacy of these results. This is because the 1945 Constitution gives legal force to the Constitutional Court as an interpreter of the Erga Omnes principle. Therefore, to prevent similar conflicts in the future, the decisions of the two courts need to be synchronized to avoid legal dualism and uncertainty. In addition, the constitution and the election law need to be revised.